FACILITY USE AGREEMENT This Facility Use Agreement (the “Agreement”) is entered into by and between Luli Creative House, LLC, a Nebraska limited liability company (“LCH”) and (the “Client”), whose name and address are outlined in the Confirmation Email for use of LCH’s facility located at 1901 Howard St. Suite 3, Omaha, NE 68114 (the “Facility”) and services in connection therewith which are specifically enumerated in this Agreement.
In consideration of the foregoing and the payments and other mutual promises set out below, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
Facility Use and Services LCH hereby grants to the Client a limited and revocable license to use the Facility for Client’s Booking, subject to the terms hereof.
Facility Use Fee The Facility Use Fee (the “FUF”) includes any services provided by Luli Creative House hereunder and all items, equipment, and/or personal property rented to the Client.
Payment of the FUF shall be as follows: Client will pay the FUF in full upon execution of this Agreement. If, on Client’s Booking date, the client extends their Booking for any reason, Client will be charged 1.5x the hourly rate. If the Client fails to pay the FUF or otherwise cancels the reservation for any reason, LCH may unilaterally terminate this Agreement, revoke the license granted herein, and keep any sums paid by the Client up to the date of termination as liquidated damages. The parties hereby agree that such amount is a fair and reasonable estimate of the total detriment and damages that LCH would suffer in the event the Client fails to make full and timely payment of the FUF or cancels the booking for any reason.
Cancellation & Rescheduling If the Booking is cancelled by Client 24 hours or less after execution of this Agreement, all fees will be fully refunded. Cancellation by Client more than 24 hours after execution of this Agreement will result in forfeiture of the FUF. If the Booking is cancelled more than 24 hours before the scheduled start time of Booking, the FUF can instead be applied to a new date, subject to Company availability and at Company’s discretion. If the Booking is cancelled less than 24 hours before the scheduled start time of Booking, the 30% of the FUF will be fully forfeited. The remaining FUF can be applied to a new date, subject to Company availability and at Company’s discretion.
Credit Card Guarantee The Client agrees to provide a valid credit number (and other customary information required to process a credit card transaction) to LCH upon execution of this Agreement. The Client hereby authorizes LCH to charge any fees, costs, expenses or charges incurred under this Agreement, or any other sums due hereunder, to the credit card LCH has on file for the Client in the event that repair and/or excessive cleaning is required (in the sole discretion of LCH) after the Booking to return the Facility to such condition as it existed prior to the Booking.
Booking Capacity The total number of guests in the space at one time during the booking will not exceed the capacity detailed on the Client’s Booking Confirmation (the “Total Booking Capacity” or “TBC”). The TBC includes all persons at the Booking, i.e., all guests, vendors, photographers, Company personnel, and any other persons present at the Booking. Any individuals on site outside of the approved guests will be charged at $100/head. LCH reserves the right to refuse admission to the Facility to all persons in excess of the TBC.
Use and Return of the Facility LCH will make the Facility available to the Client on the Booking Date in conformance with the specifications set forth in the Confirmation Email. The Facility will be provided as-is. LCH makes no representations or warranties regarding the suitability of the Facility for the Client’s intended use. LCH makes no warranties (express, implied, or statutory) as to any matter whatsoever addressed in this Agreement, including the provision of services by LCH, the condition of the Facility, its merchantability, its capacity, its fitness for any particular purpose, or that it will meet the requirements of any laws, rules, specifications, or contracts.
The Client will leave the Facility in the same or similar condition as it was delivered to the Client. Any outside materials brought to the Facility by the Client or any third party on the Client’s behalf must be removed by the end of the contracted Booking. If applicable, the Client will return all rented equipment and personal property in the same condition as it was provided to the Client.
Damages The Client shall be responsible for any damage caused to the Facility beyond ordinary wear and tear. If the Facility is not left in the same condition, the Client’s credit card on file will be charged a $250 cleaning fee, plus any additional applicable expenses.
The Client will also be responsible for all consequential damages that may result in LCH’s inability to operate.
The Client hereby authorizes LCH to charge the Client’s credit card on file for any and all amounts due under this section.
Prohibited Items The following are prohibited at the Facility: (i) nails, staples, glues, screws, tacks, or the like on the walls, ceilings, or floors; (ii) holes in the walls, partitions, ceiling, or floors; (iii) painting of any signs, placards, or other advertising, banners, pennants, awnings, or the like; (iv) sparklers, fireworks, or pyrotechnics of any sort; (v) hazardous, poisonous, or flammable materials; (vi) open flames, grills, or heating elements of any kind, (vii) glitter, rice, bird seed, or silly string.
Food & Beverage Client may bring pre-made outside food. Any deliveries and pickups must be scheduled during the Booking and must be made at designated access points only.
Safety and Security Any disorderly conduct during the Booking will be grounds for immediate termination of the Booking. LCH reserves the right, but assumes no duty or obligation, to take any necessary action, including termination of the Booking, to protect the safety and well-being of the Facility and all guests and personnel at the Booking. The Client will ensure that the Booking is operated in a safe and secure manner at all times. Children 16 years or younger must be supervised and accompanied by an adult at all times.
LCH reserves the right, but assumes no duty or obligation, to refuse admission to any person into the Facility or to eject any person from the Facility whom it believes, in its sole judgment, may cause disruption, disturbances, endanger life, or cause bodily injury or in any way affect the safety and security of the Facility, LCH’s employees, staff, personnel, or the Client's guests. The Client, on behalf of itself and its guests, hereby waives any and all claims for damages against LCH, its officers, agents, employees, and contractors, resulting from the exercise of this authority.
LCH is not responsible for the loss, theft, misuse, or damage of or to the personal or organizational property of the Client or the Client’s guests. LCH is hereby authorized to remove from the Facility, and to dispose of in any manner it deems advisable, any goods, equipment, or other property which remains in the Facility after the completion of the Booking. LCH will not be liable for any damage to or loss of any such property, and LCH, its agents, employees, and contractors are hereby expressly released from any and all claims for any such loss or damage.
Age of Models Client is solely responsible for verifying that all photographic subjects are of legal age or accompanied by a parent or legal guardian. LCH has no responsibility to determine or verify the age of participants in the Booking activities, but reserves the right to demand proof of parental consent if models or photographic subjects are under the age of 18, and to end the Booking if LCH becomes aware that legal age violations are occurring. LCH is not liable in the case of an invalid identification or any other form of age verification.
Equipment Damage or Loss The Client is responsible for all loss, damage, or destruction of LCH equipment or personal property provided for the Booking. The Client will be responsible for the replacement cost value or repair cost of the equipment. The Client will also compensate LCH for the loss of use of any equipment during the time it is being repaired or replaced. The Client is not responsible for loss or damage to equipment caused by LCH’s sole negligence or misconduct.
Media Capture & Media Share If Client opts in to media capture, LCH reserves the right to make photographs, audio, and video recordings during the Booking at its option, to use in connection with LCH’s marketing, promotions, and portfolio. Such capture will be subject to LCH’s collection of proper rights and releases from those present at the Booking.
On-Site Contact The Client must retain and appoint an on-site contact for the Booking. The on-site contact must be specified on the Booking Confirmation unless and must be on-site at the Facility throughout the Booking and will be responsible for Booking setup, coordination, management, tear down, and cleanup in accordance with LCH’s check in / check out sheet, and in support of LCH personnel.
Independent Service Providers The Client hereby agrees to indemnify, defend and hold harmless LCH, its affiliates, officers, directors, employees, contractors, agents, successors, and assigns, from any damages, actions, liabilities, claims, costs, and expenses (including reasonable attorneys’ fees) related to any damage or injury (including death) to any person or the Facility caused by any independent service provider hired or employed by the Client to provide services for the Booking, including any acts or omissions on the part of the Client, its officers, directors, employees, independent contractors, or agents.
Control of Facility – Not a Lease This Agreement is not a lease. Nothing in this Agreement will be construed to entitle the Client to any right of possession or control of the Facility. LCH reserves the right to possess and manage the entire Facility and to enforce all necessary rules for the management of the Facility. LCH will have the right to enter the Facility grounds at any time for any reason. A representative of LCH may be at the Facility throughout the Booking.
Ingress and Egress All portions of the entrances, passages, vestibules, halls, and all ways of access to public utilities on the Facility grounds will be kept unobstructed by the Client and will not be used for any purpose other than ingress or egress to, from, and within the Facility.
Indemnification In addition to (and not in lieu of) the indemnification above, the Client agrees to indemnify, defend and hold harmless LCH, its affiliates, officers, directors, employees, agents, contractors, successors, and assigns, from and against any damages, actions, liabilities, claims, costs, and expenses (including reasonable attorneys’ fees) related to the Client’s actions or inactions under this Agreement and/or the Client’s use of the Facility, including any acts or omissions on the part of the Client, its officers, directors, employees, independent contractors, guests, or agents. The Client will immediately notify LCH of any instance giving rise to the foregoing indemnification including damage or injury of which it has knowledge in, to, or near the Facility, regardless of the cause of such damage or injury.
Client and anyone claiming through or under Client, by way of subrogation or otherwise, releases LCH and its affiliates, officers, directors, employees, agents, successors, and assigns from any and all liability or responsibility for any loss, claim, or damage to person or property, even if LCH was aware of such liability or such casualty was caused by the fault or negligence of LCH.
Permitted Use The Client is authorized to use the Facility for the Booking and for no other purpose. The Client may not use the Facility in any manner that would render the insurance for the Facility void or which may result in increased insurance premiums for LCH. The Client is further restricted to the use of only such parts of the Facility as are described in the Booking Confirmation. The Client will not be granted access to any portion of the Facility not set forth in the Booking Confirmation.
Termination and Revocation of License LCH shall have the right to immediately terminate this Agreement and revoke the Client’s license to use the Facility at any time prior to the Booking Date due to nonpayment of any FUF, Client’s other breach of this Agreement, or if Client intends to use the Facility for a purpose LCH finds inappropriate in its sole discretion.
Compliance with Laws, Policies, and Procedures The Client will comply with all applicable city, state, and federal laws, including rules and regulations prescribed by the Omaha Fire Department, Omaha Building Department, Omaha Police Department, Omaha Health Department, and all rules and policies set forth by LCH as they pertain to the Facility. The Client will not use the Facility or any part thereof for any unlawful or immoral purpose or in any manner so as to injure person or property in, on, or near the Facility. The Client will obtain and maintain all necessary permits, licenses, and other forms of authorization necessary to use the Facility as permitted hereunder.
Representations Each party represents and warrants that it has full and complete authority to enter into, execute, and perform this Agreement. Each individual signing on behalf of an entity represents and warrants that he/she has full and complete authority to enter into and execute this Agreement on behalf of that entity. Each party acknowledges that it has read and understands all the provisions of this Agreement, and that such provisions are reasonable and enforceable.
Alternate Photo Shoot Date In the event that LCH is unable to make the Property available to Client on the Booking Date, Client will have the option of choosing an alternate date to hold the Booking(“Alternate Booking Date”). If Client selects an Alternate Booking Date that is reasonably acceptable to LCH, then the Alternate Booking Date will replace the Booking Date for the purposes of this Agreement and this Agreement as modified will remain binding on both parties. If Client and LCH cannot agree on an Alternate Booking Date within 10 days of Company notifying Client of the unavailability of the Property, then Company will refund to Client the full amount of the Booking Fee. In neither case will Company be liable for any additional costs or damages suffered by Client arising out of a rescheduling or cancellation of the Booking pursuant to this section.
Revocation LCH shall have the right to revoke Client’s license to use the Property at any time prior to the Booking Date, provided it gives Client prior written notice, due to nonpayment of fees, Client’s breach of this Agreement, or if Client intends to use the Property for a purpose Company finds inappropriate in its sole discretion.
Entire Agreement This Agreement and the Booking Confirmation constitute the entire agreement between the parties regarding their subject matter, and supersede any prior understanding or representation, oral or written, regarding said subject matter. This Agreement may only be modified in a writing signed by both parties. The Client may not assign or transfer its rights or obligations under this Agreement without prior written consent of LCH. If any part of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, such provision will be limited so as to be valid and the remainder of this Agreement will continue in full force and effect. This Agreement will be governed by the laws of the State of Nebraska and the parties hereby submit to the exclusive jurisdiction of the courts located in Omaha, Nebraska. In the event of any dispute hereunder, LCH may recover its reasonable attorneys’ fees and costs. Notwithstanding which party drafted this Agreement, its interpretation will not be construed against either party. This Agreement may be executed in counterparts and digital copies, each of which will be an original and all of which will constitute a single instrument.
Time to Bring Action No action against LCH, regardless of the theory of recovery, may be brought unless the action is commenced within 3 months after the occurrence causing the loss or damage.
Renter grants LCH the right to capture behind the scenes of the Photo Shoot in photos, audio, and video and to use the resulting captures in connection with Company’s marketing, promotions, and portfolio. Renter agrees Company will have the perpetual, irrevocable, right and license to reproduce and display the captures in all formats and media in connection with Company’s marketing, promotions, and portfolio. Any such use will be subject to Company obtaining necessary rights and releases from those appearing in the captures and will always have credit given.
Renter grants LCH the perpetual, irrevocable, right and license to reproduce and display photographs, audio and video recordings that Renter creates or owns from the Photo Shoot and delivers to Company for this purpose, or that Renter displays, performs, or shares publicly. Company may only exercise the foregoing rights in connection with Company’s marketing, promotions, and portfolio and will properly credit Renter in connection therewith. Renter represents and warrants that Renter has all necessary rights from those appearing in the photos and recordings, owns all rights in and to the photos and recordings, and Company’s use of said photos and recordings will not violate any third party’s rights.